Global Cash Network, Inc. v. Worldpay, US, Inc.

Filing 33

MEMORANDUM Order: Worldpay, US, Inc. ("Worldpay") has filed its Answer and Affirmative Defenses to thenow-narrowed Complaint brought against it by Global Cash Network, Inc. ("Global Cash"). Because that responsive pleading surpris ingly repeats a clearly erroneous assertion in a number of places, this memorandum order is issued sua sponte to address that matter. Each of Answer 1, 5, 6, 9, 10 and 21 invokes the disclaimer provision of Fed. R. Civ.P. ("Rule") 8(b)(5) that is made available for use by a defendant to address allegations by a plaintiff that cannot be dealt with by an admission or denial as Rule 8(b)(1)(B) requires. But then having done so, defense counsel goes on to state in each of those paragrap hs: Accordingly, said allegations are denied. It is of course oxymoronic for a party to assert (presumably in good faith) that it lacks even enough information to form a belief as to the truth of an allegation, then proceed to deny it. Because such a denial is at odds with the pleader's obligations under Rule 11(b), theabove-quoted sentence is stricken from each of the paragraphs of the Answer where it appears. Signed by the Honorable Milton I. Shadur on 1/11/2016:Mailed notice(clw, )

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

GLOBAL CASH NETWORK, INC.,
an Illinois Corporation,
Plaintiff,
v.
WORLDPAY, US, INC., a Georgia
Corporation, f/k/a, RBS WORLDPAY, INC.,
a Georgia Corporation, f/k/a LYNK SYSTEMS,
INC., a Georgia Corporation,
Defendant.

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Case No. 15 C 5210

MEMORANDUM ORDER
Worldpay, US, Inc. ("Worldpay") has filed its Answer and Affirmative Defenses to the
now-narrowed Complaint brought against it by Global Cash Network, Inc. ("Global Cash").
Because that responsive pleading surprisingly repeats a clearly erroneous assertion in a number
of places, this memorandum order is issued sua sponte to address that matter.
Each of Answer ¶¶ 1, 5, 6, 9, 10 and 21 invokes the disclaimer provision of Fed. R. Civ.
P. ("Rule") 8(b)(5) that is made available for use by a defendant to address allegations by a
plaintiff that cannot be dealt with by an admission or denial as Rule 8(b)(1)(B) requires. But
then having done so, defense counsel goes on to state in each of those paragraphs:
Accordingly, said allegations are denied.
It is of course oxymoronic for a party to assert (presumably in good faith) that it lacks
even enough information to form a belief as to the truth of an allegation, then proceed to deny it.

Because such a denial is at odds with the pleader's obligations under Rule 11(b), the
above-quoted sentence is stricken from each of the paragraphs of the Answer where it appears.

__________________________________________
Milton I. Shadur
Senior United States District Judge
Date: January 11, 2016

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